Studio App Store Default End-User License Agreement For Apps
Effective Date of Terms of Service: February 5, 2020
“You” and “your” refer to you and, if applicable, the company or other legal entity that you represent, and You hereby represent and warrant that you have the authority to enter into these terms on behalf of any such entity. All defined terms shall have the same meaning as in the Studio App Store Maker Terms of Use unless otherwise defined herein.
This Studio App Store Default End-User License Agreement for Apps (“Default EULA”) sets forth the legally binding terms and conditions for your use of the Developer Application which has been made available to you through the App Store alongside a link to this Default EULA. Your license to such Developer Application under this Default EULA is granted by the Maker of that Developer Application, and by downloading or using the Developer Application you are agreeing to be bound by and are becoming a party to this Default EULA, which may be updated from time to time. The Maker of the Developer Application (“Licensor”) reserves all rights in and to the Developer Application not expressly granted to you under this Default EULA.
- License. You, or the entity on behalf of whom you are working (collectively the “Licensee”), are hereby granted a worldwide, non-exclusive, royalty-free license for the commercial use of the Developer Application in connection with Licensee’s use of the Platform.
- Consent to Use of Data. You understand and agree that Licensor will be able to access and modify your Platform content and your personal information when you add its Developer Application, and that Licensor’s use of such content and information is subject to your legal agreements with Licensor and Licensor’s privacy policy.
- Maintenance and Support. This Licensor is solely responsible for providing any maintenance and support services for this Developer Application. You can reach the Licensor at the email address listed in the App Store Overview for this Developer Application.
- Indemnification. Licensor will indemnify, defend and hold harmless Licensee and its affiliates, employees, contractors, directors, suppliers, representatives, customers and users (the “Indemnified Parties”) from all liabilities, claims and expenses, including reasonable attorneys’ fees, from and against any claim, demand, suit or proceeding (“Claim”), made or brought against an Indemnified Party by a third party alleging that an Indemnified Party’s use of the Developer Application in accordance with this Default EULA infringes or misappropriates such third party’s intellectual property rights. The foregoing obligations do not apply with respect to any Claim based on or arising from (i) modifications or alterations to the Developer Application made by a party other than Licensor or (ii) combinations of the Developer Application with other products, services, processes, content or materials not supplied by Licensor, where the alleged infringement would not have occurred without such combination, and where such combination is not reasonably required to make use of the Developer Application as contemplated under this Agreement.
- Limitation of Liability. IN NO EVENT SHALL LICENSOR OR LICENSEE BE LIABLE CONCERNING THE SUBJECT MATTER OF THIS DEFAULT EULA, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES INCLUDING.
- Relationship of the Parties. Licensee acknowledges and agrees that InVisionApp Inc: (a) is not a party to this Default EULA, and does not support or endorse Licensee’s use of the Developer Application, and shall have no liability with respect to the licensing or use of the Developer Application hereunder, (b) is not responsible for any support or maintenance services related to the Developer Application, (c) is not responsible for responding to any Licensee claims related to the Developer Application.
- Prohibited Parties. You may not use the Developer Application (and this Default EULA is voided) if you (i) are located in a country that is subject to any U.S. Government embargo or export restriction (or any applicable international equivalents); or (ii) are listed on any U.S. Government list of prohibited or restricted parties (or any applicable international equivalents).